Law360, New York (November 7, 2011, 7:42 PM EST) -- Orthopedic device maker Zimmer Inc. accused plaintiffs firm Elk & Elk Co. Ltd. on Monday in Ohio of false advertising, claiming the firm made misleading statements about the safety of its NexGen Knee System in order to solicit clients.
Elk & Elk defamed NexGen in a television ad and on its website by saying that the knee replacement prosthesis had a "high failure rate," along with other misleading statements, according to the suit. The plaintiff asserts claims of false advertising, product disparagement and defamation, among others.
"The Elk [TV] spot and the Elk website also created an anxiety and fear in...
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